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103 F.

3d 116

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Benjamin E. COX, Petitioner-Appellant,
v.
Anthony HATHAWAY, III, Superintendent; Frank Lin
Freeman,
Respondents-Appellees.
No. 96-7109.

United States Court of Appeals, Fourth Circuit.


Submitted Nov. 21, 1996.
Decided Dec. 12, 1996.

Benjamin E. Cox, Appellant Pro Se. Sharon Coull Wilson, Associate


Attorney General, Mark John Pletzke, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.
E.D.N.C.
DISMISSED.
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
PER CURIAM:

Appellant seeks to appeal the district court's order denying relief on his petition
filed under 28 U.S.C. 2254 (1994), amended by Antiterrorism and Effective
Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214. We have
reviewed the record and the district court's opinion accepting the
recommendation of the magistrate judge and find no reversible error.
Accordingly, we deny a certificate of appealability and dismiss the appeal on
the reasoning of the district court. Cox v. Hathaway, No. CA-95-952-5-H

(E.D.N.C. July 11, 1996). We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials before the court
and argument would not aid the decisional process.
2

DISMISSED.

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